in Re Richard Bradley

• Court: Court of Appeals of Texas
• Decided: January 5, 2021
• Docket: 14-20-00830-CR
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed January 5, 2021.

In The

Fourteenth Court of Appeals

NO. 14-20-00828-CR NO. 14-20-00829-CR NO. 14-20-00830-CR

IN RE RICHARD BRADLEY, Relator

ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 212th District Court Galveston County, Texas Trial Court Cause Nos. 19CR2515, 19CR2516 & 19CR2517

MEMORANDUM OPINION

On December 16, 2020, relator Richard Bradley filed a petition for writ of habeas corpus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Patricia Grady, presiding judge of the 212th District Court of Galveston County, to either reduce relator’s bond or release relator on a personal recognizance bond. The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 956, 956 (Tex. App.―Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Id. (citing Tex. Code Crim. Proc. Ann. art 11.05). Therefore, this court does not have original habeas corpus jurisdiction over complaints of excess bail in a criminal case. See Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.―Amarillo 2009, orig. proceeding) (holding court of appeals did not have jurisdiction in original proceeding to consider challenge to denial of bail and dismissing petition for writ of habeas corpus).

Accordingly, relator’s petition is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Hassan.

Do Not Publish — Tex. R. App. P. 47.2(b).